West Virginia Code § 18B-1F-3

Commission authorized to contract with corporation; corporation to
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meet essential criteria; corporation membership and organization; financial
requirements.
(a) The commission is authorized to enter into agreements and any other contractual
relationships with an affiliated corporation formed as set forth in this article.
(b) The affiliated corporation shall meet the following essential criteria:
(1) Corporation status. -- The corporation is organized as a non-profit, non-stock corporation
under the general corporation laws of the state exclusively for chuaritable, educational or
scientific purposes within the meaning of section 501(c) of the Internal Revenue Code of
1986, as amended.
(2) Corporation membership, meetings, officers. -- a
(A) Members of the board of directors of the affiliatled corporation serve terms as prescribed
in the bylaws of the corporation and are selected by the commission in consultation with the
chancellor. The commission shall make all appointments to the board of directors by
majority vote of its members and shall incliude the individual votes as a part of the minute
record.
(B) Private sector members shall constitute a majority of the potential membership of the
board of directors. Vacancies shall be filled in such a way that the majority status of private
sector membership is maintained.
(C) By July 1, 2011, and at least biennially thereafter, the board of directors shall elect a
chair from among its members.

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